(SS) K.W v. Commissioner of Social Security

Filing 31

ORDER signed by Magistrate Judge Dennis M. Cota on 11/21/24 GRANTING 30 Motion for Attorney Fees and AWARDING $8,350.00 in fees and no costs. (Licea Chavez, V)

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE, WSBN 32245
Associate General Counsel
Office of Program Litigation, Office 7
Social Security Administration
MICHELLE A. PAVELEK, CSBN 300642
Special Assistant United States Attorney
6401 Security Boulevard
Baltimore, Maryland 21235
Telephone: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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vs.
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COMMISSIONER OF SOCIAL SECURITY, )
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Defendant.
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Case No.: 2:23-cv-1341-DMC

ROSIE HERBERT WILLIS on behalf of
K.W.,

STIPULATION FOR THE AWARD AND
PAYMENT OF ATTORNEY FEES AND
EXPENSES PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C.
§ 2412(d), AND COSTS PURSUANT TO 28
U.S.C. § 1920; ORDER

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Plaintiff seeks an award of attorney fees under the (EAJA), 28 U.S.C. § 2412 et seq.

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After Plaintiff filed the present motion, the parties engaged in good faith negotiations. IT IS

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HEREBY STIPULATED by and between the parties through their undersigned counsel, subject

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to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount

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$8,350.00 (EIGHT THOUSAND, THREE HUNDRED AND FIFTY dollars) under the Equal

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Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for

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all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in

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accordance with 28 U.S.C. §§ 1920; 2412(d).

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After the Court issues an order for EAJA fees to Plaintiff, the government will consider
the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant to Astrue v. Ratliff,

EAJA Stip.; No. 2:23-cv-1341-DMC

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560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor any assignment

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will depend on whether the fees are subject to any offset allowed under the United States

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Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the

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government will determine whether they are subject to any offset.

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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines

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that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees,

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expenses and costs to be made directly to counsel, pursuant to the assignment executed by

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Plaintiff. Any payments made shall be delivered to counsel.

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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA

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attorney fees, and does not constitute an admission of liability on the part of Defendant under the

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EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and

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bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating

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to EAJA attorney fees or costs in connection with this action.

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This award is without prejudice to the rights of counsel and/or counsel’s firm to seek

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Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause

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provisions of the EAJA.

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Date: November 20, 2024

/s/ Jesse Kaplan*
JESSE KAPLAN
(*as authorized by email)
Attorney for Plaintiff

Date: November 20, 2024

PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Social Security Administration

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Respectfully submitted,

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/s/ Michelle A. Pavelek
MICHELLE A. PAVELEK
Special Assistant United States Attorney
Social Security Administration
Attorney for Defendant

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EAJA Stip.; No. 2:23-cv-1341-DMC

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ORDER

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Based upon the parties’ Stipulation for the Award and Payment of Equal Access to

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Justice Act Fees, Costs, and Expenses, IT IS ORDERED that fees and expenses in the amount

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of $8,350.00 as authorized by 28 U.S.C. § 2412, and costs in the amount of $0.00 as authorized

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by 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation.

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Dated:

November 21, 2024

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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EAJA Stip.; No. 2:23-cv-1341-DMC

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